us citizen living in china to bring wife to usa

[steve andxiaoling 0]

I am living in china with my Chinese wife.

I am a usa citizen.

I left my job and sold my house before I moved here.

Guangzhou consulate is the processing center for my location.

the K2 says to file from domicile I live in. but I don't have usa residence

it says bring divorce records, these records are in a usa storage facility, I have copy of my affidavit for single status, is that sufficient?

k3 asks for wifes passport number which she wont be able to get until September 2016

I cant provide an affidavit for support since I am not working in china.

I went to the embassy to ask these questions, they instructed me to email these questions.

I have waited 3 weeks with no response

does anyone know,

will I have to return to the united states and establish a residence and job to bring my wife?

what is the appropriate visa?

I appreciate any advice

[newacct 688]

Are you guys moving to the US or just visiting?

[steve andxiaoling 0]

^moving

[Jenvds 15]

If you are filing to bring your wife, you will need to file for a CR1 visa if you have been married less than 2 years at the time of filing, or the IR1 visa if you have been married for over 2 years at the time of filing. Both of these visas begin with filing a petition using form I-130.

There are sections in the visa journey forum that can answer many of your questions. http://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/ this was most helpful for me.

I also know that whether or not you work, you will still have to file an affidavit of Support. If you do not meet 125% poverty level for your family size, then you have the option of finding a joint sponsor who meets the requirements when including the immigrant (your wife) in their family size. They will fill out their own affidavit of Support.

Not having domicile is an issue. I'm not an expert, but I'm pretty sure you must have maintained a home by ownership or lease for a minimum period of time before filing the petition.

I have more I could say, but since I'm not sure, I will let those who know more answer.

Edited : I WOULD DEFINITELY SEE IF YOU QUALIFY FOR DIRECT CONSULAR FILING! It could save you a lot of time if you qualify (and if there's a consulate that allows it in your area) , I really don't know much about this process. I just wanted to mention it so you can look into it before you completely lose hope in the process.

Edited August 15, 2015 by JenRen

[Unshakable Faith 493]

She'll also have to have a valid passport before the interview, if not before. I'm not too familiar with CR1/IR1 but I know you have to have it (at least) at the interview.

Edited August 15, 2015 by FN&KO

[steve andxiaoling 0]

thanks,

will cash on hand make a difference? we have enough for down payment on house with plenty extra,

we planned to get an apartment when we returned while shopping for house.

I have a strong work history as a toolmaker and have about 70k invested in tools that are in storage, perfect credit, both personal and business, I plan to open a small machine shop.

we have been married for 2 years

......

one big concern, my wife had a government job as an accountant, she did what was told by superiors, her department was caught in fraud, my wife received probation preventing her to travel outside of china

[Unshakable Faith 493]

thanks,

will cash on hand make a difference? we have enough for down payment on house with plenty extra,

we planned to get an apartment when we returned while shopping for house.

I have a strong work history as a toolmaker and have about 70k invested in tools that are in storage, perfect credit, both personal and business, I plan to open a small machine shop.

we have been married for 2 years

......

one big concern, my wife had a government job as an accountant, she did what was told by superiors, her department was caught in fraud, my wife received probation preventing her to travel outside of china

If I were you, I would look up the affidavit of support form. Liquid assets and cash do count but you'll need to read the specifics because they don't count for just cash value as assets. Meaning a car worth $20k doesn't equal $20K for the poverty level. Have you read the instructions and such yet?

You'll also have to either establish domicile in the US or the plans for reestablishment, as you have to accompany her to the US OR already be here before she travels.

[steve andxiaoling 0]

looking again, the I-130 is to be filed in usa, how can I file here in china?

my wife is a home owner here

[Jenvds 15]

Assets can be counted, but they need to be significant. I believe it's the 125% poverty level multiplied by years (but I don't remember how many). The assets also must be fairly "liquid" in a readily usable form. I don't think real estate or personal property counts, but I would definitely research that more. They don't care about your credit.

But the whole "can't leave China" thing...? If she can't leave China, how can she enter the US?

I think you need a specialized lawyer. Maybe one for China and one for the US because they also require a police report before the visa can be issued.

It sounds like you have a lot to overcome. I wish you the best of luck!

[Jenvds 15]

looking again, the I-130 is to be filed in usa, how can I file here in china?

my wife is a home owner here

http://www.visajourney.com/content/compare

Scroll to the section about "direct consular filing"

If you get to the point where you're confident your wife is eligible for a visa, and could leave China would it be a possibility for her to sell her home to use the assets in the support phase of the filing. But I definitely wouldn't do that until you're sure she can travel and that she's eligible. Also I would definitely consult a lawyer to be 100% positive that assets can be used in lieu of adequate income. I've read of this, but I'm not sure what the specific requirements might be. It might not be an option for every case.

Basically, lawyer lawyer lawyer. Your case is complicated. :-/

[Darnell 8,478]

did you really write 'K2' in the first post?

thats for a fiance', her child.

In the meantime, you mentioned a wife.

Then you mentioned 'living in China'

If'n you've lived in China more than 6 months, holding a residence permit (cause you married a PRC human)

then

you can, instead, chase a DCF (Direct Consular Filing) of the I-130, the petition required to chase a spousal visa.

Since you mentioned the K-2, I must ask, does yer wife have a child? If so, file

2 I-130's - one on the wife, one on the child, pay the fees for both. I'll re-read, make more comments.

[Jenvds 15]

Ahhh! Darnell is here! Darnell knows way more about China specifically , and visas in general. :-)

[Unshakable Faith 493]

http://www.visajourney.com/content/compare

Scroll to the section about "direct consular filing"

If you get to the point where you're confident your wife is eligible for a visa, and could leave China would it be a possibility for her to sell her home to use the assets in the support phase of the filing. But I definitely wouldn't do that until you're sure she can travel and that she's eligible. Also I would definitely consult a lawyer to be 100% positive that assets can be used in lieu of adequate income. I've read of this, but I'm not sure what the specific requirements might be. It might not be an option for every case.

Basically, lawyer lawyer lawyer. Your case is complicated. :-/

I don't believe this is a difficult case that requires a lawyer, as long as her criminal background is clean. People file often that are living abroad with their spouse and many people also have questions about the Affidavit of Support- the only thing tricky in this case, as said, is if she has a criminal background.

OP, did she have criminal charges or the company just got caught up in fraud?

the Affidavit of Support form is pretty simple to understand if you sit down and take a bit to read over it. Yes, liquid assets can be used but only specific ones (I don't believe houses count as assets because they are not "liquid" assets, meaning they cannot be easily turned into cash).

Edited August 15, 2015 by FN&KO

[Jenvds 15]

Well, there's certainly no requirement to have a lawyer, but there isn't just one or 2 questions here there are several. And with the type of issues (like the ban from traveling) you want to be sure before you spend all the time and effort. But with enough digging I can imagine the answers could be found. But this poster seemed more comfortable with asking questions than searching for answers on his own. Some of us are researchers, others want people to help us and alleviate our fears.

Lawyer is just an option.

[LBeachey 45]

I am living in china with my Chinese wife.

I am a usa citizen.

I left my job and sold my house before I moved here.

Guangzhou consulate is the processing center for my location.

the K2 says to file from domicile I live in. but I don't have usa residence

it says bring divorce records, these records are in a usa storage facility, I have copy of my affidavit for single status, is that sufficient?

k3 asks for wifes passport number which she wont be able to get until September 2016

I cant provide an affidavit for support since I am not working in china.

I went to the embassy to ask these questions, they instructed me to email these questions.

I have waited 3 weeks with no response

does anyone know,

will I have to return to the united states and establish a residence and job to bring my wife?

what is the appropriate visa?

I appreciate any advice

As others have said, investigate DCF in China, you likely are eligible, that is a CR-1, I am guessing you mean a K3 and not a K2 but the K3 is typically no longer needed as a CR-1 is as fast even when filing in the US. DCF starting on Beijing or Guangzhou depending on where you live in China will be much faster.

As for domicile, once you get to the interview stage, you will need to at least show intent to establish domicile in the US. You can use your Chinese address and where it asks for Intended US address, you can use a relative or friends (with their permission of course)

You need the divorce records, you can get from the court where they were filed. A lawyer or a friend should be able to get these for you. You will have to investigate what the court requires to release to a friend.

If your wife can not get a passport until Sept 2016, you are not going to be able to apply to then. What is the issue?

As for the affidavit of support, you will need a co-sponsor if you can not show US based income. I wouldn't necessarily count on the consulate accepting proof of assets in lieu of income.

Establishing residence and proof of income in the US is one method but with a co-sponsor and a relative/friends address it is not absolutely necessary.